Bill Text: NY S00327 | 2021-2022 | General Assembly | Amended

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Bill Title: Relates to ballots submitted in envelopes that are sealed with tape, paste or any other binding agent or device and have no indication of tampering.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-04-20 - PRINT NUMBER 327A [S00327 Detail]

Download: New_York-2021-S00327-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         327--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sens. MYRIE, COMRIE, GOUNARDES, HOYLMAN, LIU, MAY, RAMOS
          -- read twice and ordered printed, and when printed to be committed to
          the  Committee  on  Elections  --  recommitted  to  the  Committee  on
          Elections  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the election law, in relation to  ballots  submitted  in
          envelopes  that are sealed with tape, paste or any other binding agent
          or device and have no indication of tampering

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (g)  of  subdivision 3 of section 9-209 of the
     2  election law, as added by chapter 763 of the laws of 2021, is amended to
     3  read as follows:
     4    (g) Ballot envelopes are not invalid and do not require a cure if: (i)
     5  a ballot envelope is undated or has the wrong date, provided it is post-
     6  marked on or prior to election day or is otherwise  received  timely  by
     7  the  board  of  elections;  (ii)  the  voter signed or marked the ballot
     8  affirmation envelope at a place on the envelope other  than  the  desig-
     9  nated  signature  line;  (iii) a voter used a combination of ink (of any
    10  color) or pencil to complete the ballot envelope; (iv) papers  found  in
    11  the  ballot  envelope  with  the  ballot are materials from the board of
    12  elections, such as instructions or an application sent by the  board  of
    13  elections;  (v) an extrinsic mark or tear on the ballot envelope appears
    14  to be there as a result of the ordinary course of mailing  or  transmit-
    15  tal;  [or]  (vi)  the ballot envelope is sealed using tape, paste or any
    16  other binding agent or device and there is no indication  of  tampering;
    17  or (vii) the ballot envelope is partially unsealed but there is no abil-
    18  ity to access the ballot.
    19    §  2.  This  act  shall  take  effect  immediately  and shall apply to
    20  elections occurring on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02103-05-2